1. INTRODUCTION

This procedure applies to all school based staff employed by community schools and schools that have chosen to adopt Barnet Council's policies and procedures.

A separate policy exists for council staff who provide contracted services to schools e.g. catering and cleaning staff. The council procedure will also be used where school based staff wish to raise a grievance against council staff and vice versa.

Agency, casual, supply, consultancy staff and serving governors are also required to comply with the principles outlined in this policy.

This procedure aims to ensure that grievances are resolved sensitively, consistently and within reasonable timescales.

Employees have an absolute right to raise a grievance relating to their employment with the school with the following exceptions:

- matters relating to the grade and/or designation of their posts
- matters relating to tax and/or national insurance
- the operation of the pension scheme
- disciplinary matters
- early retirement, ill health retirement and selection for redundancy

and any other matters for which separate appeal arrangements operate.

Employees may, however, use the grievance procedure when the Headteacher or Governing Body have failed to make a decision which would have given rise to a right of appeal under matters listed above.

When a grievance relates to an important policy issue, either of the Joint Secretaries of the Corporate/Teachers Joint Negotiation and Consultation Committee may place that matter on the agenda for consideration. Employees wishing to raise such matters should do so via the Employee’s Side Secretary. In the event of a failure to agree, advice will be sought from the Joint Secretaries of the Greater London Provincial Council for support staff. For teaching staff it may be possible to refer to the National Conditions of Service for School Teachers in England and Wales Collective Disputes Procedure.

If, as a result of the investigation of a grievance, it is found that a disciplinary offence may have been committed by another person, action will be taken in accordance with the schools adopted disciplinary procedures as appropriate. Equally, if an investigation concludes that a grievance has been maliciously raised disciplinary action may also be invoked.

Occasionally grievances may be lodged by an employee who is subject to a capability or disciplinary process for an unrelated matter. Both processes will normally run at the same time, however, consideration may be given to suspending the capability or disciplinary procedure if considered appropriate.

Management must ensure that those dealing with the disciplinary or capability case are not involved in the investigation of the grievance and vice versa. Relevant matters arising from a grievance may be submitted as evidence in any disciplinary process by the employee. This would be without prejudice to an employee's right to have the grievance dealt with under this procedure. 2. GRIEVANCE FLOW CHART

Stage 1

Grievance raised informally with * line manager/ headteacher/ nominated Governor

Conciliation/ Mediation

Successful, case closed

Not appropriate/ Not successful

Monitor/Review

Stage 2

Formal Grievance made in writing, to Chair of Governors\*

Chair of Governors to acknowledge receipt of grievance and advise name of nominated investigating officer

Investigation carried out by investigating officer. Investigation should commence as soon as possible

Decision made by Investigating officer and circulated to all parties

Decision accepted

Case closed, manager/headteacher/ nominated governor to provide mediation/support and to monitor/review where necessary

Stage 3

\*Appeal heard by a panel of governors

Decision at Stage 3 is final

expected time scale: 4 working weeks

expected time scale: 8 working weeks

expected time scale: 12 working weeks

- If the grievance is against an employee or a line manager, the case will normally be referred to the headteacher (who may delegate it to a senior manager).

If the grievance/appeal is against the headteacher, then the case is referred to the governors who will nominate a governor or governing panel.

If a grievance is against a governor, the general principles in this procedure will be followed. 3. TYPES OF GRIEVANCE

Grievances are concerns, problems or complaints that employees raise with their line manager/headteacher/nominated governor. The following list identifies the main types of grievances that can be brought under this procedure:

- the application of terms and conditions of employment
- health and safety concerns
- work relations
- new working practices which it is felt may have a detrimental effect
- indirect or direct discrimination
- equal opportunities
- working environment
- a collective grievance (a grievance or grievances submitted by a team or group of employees where a common complaint or theme can be identified and dealing with these collectively will enable a more appropriate and effective resolution)

Please note that school may have adopted separate procedures for dignity at work issues (e.g. harassment, bullying and victimisation).

This list provides the main types of employment related grievances that staff may have. To provide an exhaustive list is not possible and staff should use their judgement when applying school standards and policies but, should also be guided by the principle that the determining issue is how the member of staff is affected, not the intent.

4. CONFIDENTIALITY

All grievances must be dealt with in the strictest confidence. Managers, headteachers, governors, staff and union members involved in cases must not breach confidentiality beyond those involved in the management of the grievance, without the specific agreement of the parties.

5. RECORD KEEPING

In the interests of both employer and employee, written records must be kept throughout the grievance process. Records should include:

- the nature of the grievance raised
- a copy of the written grievance
- the management response
- action taken
- reasons for action taken
- where there was an appeal and if so, the outcome and subsequent developments
- minutes of meetings (school to provide a minute clerk for meetings). Records should be treated as confidential and kept in accordance with the Data Protection Act 1998, which gives the individuals the right to request and have access to certain personal data. Copies of meeting records should be given to the employee including any formal minutes that may have been taken. In certain circumstances, for example to protect a witness, some information may be withheld.

6. THE PROCEDURE

6.1 STAGE ONE – INFORMAL RESOLUTION

- Informal procedures concentrate on conciliation, not sanctions. The Council offers a mediation service to help with conciliation and this should be considered before making a formal grievance.

- Most grievances should be resolved informally with either, manager/headteacher/nominated governor.

- Four working weeks would normally be considered a reasonable time scale to deal with a grievance at Stage 1. If the complainant is not satisfied with the handling of the grievance, timeliness or response they may submit a formal grievance.

Grievances may be raised verbally or in writing. However, a grievance received in writing will only be considered as ‘formal’ if Stage One, Informal Resolution, has been followed and the complainant is dissatisfied with the handling of the grievance at that stage.

The manager dealing with the grievance should confirm the action points agreed and any follow up action in writing, in accordance with section 5.

6.1.1 MEDIATION

Mediation should be considered if both parties are willing and the matter is appropriate for mediation.

The aim of mediation will be for both parties to reach a mutually acceptable outcome and to feel able to maintain their working relationship. Here are some examples of the types of disputes that could be solved through mediation are:

- behaviour, management/work styles
- working arrangements
- environmental conditions

The manager/headteacher/nominated governor may need to carry out an assessment to determine whether mediation is appropriate. The manager/headteacher/nominated governor can contact the Council's Employee Assistance Officer for advice on this process.

The Council’s Employee Assistance Officer is a trained mediator and can offer support as part of the Human Resources Service Level agreement (if where the school buys into the full HR Traded Service). If more than one mediator is required the Employee Assistance Officer can arrange this through People at Work. A further charge will be made for this service.

If mediation is suitable, then both parties should confirm that they understand what this involves and are happy to proceed. If there is agreement on this, the manager should contact the Employee Assistance Officer to arrange a mediator.

If mediation is not possible, the grievance can still be dealt with under the formal procedure.

6.2 STAGE TWO – FORMAL GRIEVANCE

6.2.1 GRIEVANCE IN WRITING

A grievance should only be raised at the formal stage if the complainant is dissatisfied with the handling of the grievance through stage 1 of this procedure.

This grievance process commences formally when the matter is raised in writing, normally on a Staff Grievance Form (Appendix A). Grievances should, normally be raised within 12 working weeks of the event or issue occurring. The complainant should send their Grievance to the Chair of Governors.

The Chair of Governors will delegate the investigation of the grievance to a governor, the headteacher or to a senior manager not involved in the grievance or not closely associated with the complainant or any person complained about. The Chair of Governors should write to acknowledge receipt of the grievance and advise the name of the investigation officer.

If the complainant is dissatisfied with the response, or if no response has been received within 10 working days of receipt of the grievance form or letter, the complainant can proceed to stage 3 of the procedure.

6.2.2 INVESTIGATION

- Any investigation must begin as soon as possible. For complex cases a time period of 8 working weeks is reasonable to conclude a grievance.

- The investigation process must gather all the facts which are relevant to the matters under consideration.

- Those conducting the investigation will be guided by the principles for investigations contained in the ACAS code of practice on disciplinary and grievance procedures. In summary all parties must:

  - know the details of the grievance raised against them
  - have the opportunity to state their side of the case before any decision is made
  - have the opportunity to be represented and
  - must be dealt with fairly, reasonably and impartially at all times • The complainant should be kept advised of progress and given an explanation for any delay. They should also be told when a response can be expected.

6.2.3 REPRESENTATION

• If either the complainant or person subject to the complaint is invited to a hearing/meeting to discuss the grievance, they should be advised of their right in writing to be accompanied by a Trade Union representative or a colleague. Both parties can be represented throughout the process.

• The representative must be permitted to address the hearing and to confer with the person they are representing during the hearing in order to clarify issues. The representative is not, however, entitled to answer questions on behalf of that person.

• The complainant must attend the meeting/hearing. If the complainant's representative can not attend on the proposed date an alternative date can be proposed so long as it is within a reasonable timescale.

• It is not appropriate for someone to insist on a representative whose presence would prejudice the hearing or who might have a conflict of interest.

• Disabled employees may request additional assistance/representation.

6.2.4 MAKING A DECISION

• The investigation and decision making must be thorough and objective. The decision and what action is to be taken must be based on evidence collected as part of the investigation. Decisions will be reached on the balance of probabilities rather than the burden of proof.

• If the investigating officer reaches the conclusion that disciplinary action is warranted then formal disciplinary proceedings should be invoked.

6.2.5 TIMESCALES

An essential feature of this procedure is making sure that we deal with grievances quickly:

• Action may be required immediately to ensure the safety of the complainant. Such action could include reorganising or relocating work to avoid close or regular contact. In serious cases, following initial assessment, the subject of the complaint may have to be suspended as a precautionary measure in line with the disciplinary rules and procedures.

• Following receipt of the written grievance, the investigating officer should contact the complainant in writing (normally within 5 working days) to set up a meeting to discuss the grievance and the arrangements for investigation. Where it is not possible to respond within specified time periods the complainant should be given an explanation for the delay and told when a response should be expected. 6.2.6 POST INVESTIGATION

- At the end of the investigation, the investigating officer will inform all parties that the investigation has been concluded. Within 10 working days of this a written outcome will be circulated to all parties. This document will outline the process followed, the decisions reached, the reasons for the conclusion and the procedure for appeal.

- This investigative response will be the basis of the case file. It may also be included as evidence for any formal disciplinary hearing or used at any appeal hearing under this Grievance Procedure.

- The school must retain, in confidence details of grievances and the outcomes for monitoring purposes.

- If an allegation cannot be substantiated following a formal investigation and there is a reasonable belief that the complainant acted maliciously, disciplinary action may be taken against him or her. The complainant should be advised before the investigation begins that making a malicious allegation constitutes a disciplinary offence. This should be handled in a sensitive manner that does not discourage a grievance being raised.

- If there is no case to answer all written records will be destroyed.

6.3 STAGE THREE - APPEAL

- The complainant may appeal against the decision following the investigation. This appeal must be made to the clerk to the governors in writing within 5 working days of receiving the written decision. The clerk to the governors will arrange for a panel to hear the appeal. The panel should consist of three governors and should exclude any governors who have had any direct involvement in the grievance, or where there may be a conflict of interest.

- The panel will consider all relevant documents and witness statements and will give all parties concerned (accompanied by a Trade Union representative or colleague) the opportunity to make submissions to the panel in person.

- The panel dealing with the appeal hearing should give a decision within 5 working days.

- The person who is the subject of the grievance can also appeal against the decision, using the above appeal process unless the decision was to implement the disciplinary procedures against them, where a separate right of appeal exists.

7. MODIFIED STATUTORY GRIEVANCE PROCEDURE

Wherever possible a grievance should be dealt with before an employee leaves the school. If an employee has already left before the grievance procedure was invoked or completed a modified grievance procedure can be used if the former employee and the line manager/headteacher/nominated governor agree to this in writing. Under the modified procedure the former employee should write to the school setting out the grievance, as soon as possible after leaving employment and the employer must write back setting out their response.

The full statutory procedure is set out in Schedule 2 to the Employment Act 2002.

**FURTHER INFORMATION CAN BE OBTAINED FROM:**

Schools can purchase the Council's Human Resources Service where an Employee Relations Advisor can advise on all aspects of this policy. They can also accompany investigating officers who have been asked to deal with grievances throughout, stages 1, 2 and 3.

ACAS: [www.acas.org.uk](http://www.acas.org.uk) DTI: [www.dti.gov.uk](http://www.dti.gov.uk) CIPD: [www.cipd.co.uk](http://www.cipd.co.uk) FORMAL STAFF GRIEVANCE FORM

Your Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

School: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Job Title: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Your work address: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Your work telephone number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

What is your Grievance? (Please continue on separate sheet if required and attach supporting documents if available)

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

A written grievance should normally only be raised after you have tried to resolve your grievance informally with your line manager/Headteacher or a nominated governor. This would usually involve conciliation/mediation. Has this been done? Yes/No

If yes, on what date was the last meeting? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Why are you dissatisfied with the outcome of this process? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

______________________________________________________________________

______________________________________________________________________

If no, why do you think an attempt to resolve your grievance through conciliation/mediation would be inappropriate? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

______________________________________________________________________

What do you think could be done to resolve this grievance? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Your Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Please send this form to the Chair of Governors of your school.